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Wednesday, December 30, 2015

Making the Laws Work For You - Title 47 USC 223

In 2006, 47 U.S.C. 223 was amended to cover harassment via the internet as punishable in addition to the existing telecommunication prohibitions.  This law is specifically intended to prosecute those who abuse (the then) newly included internet communications as well as previously covered telecommunications to purposely harass or intimidate others via interstate, or foreign communication means or within the confines of Washington D.C.  While telephone communications are typically routed intrastate, internet communications can, and often are routed by service providers outside the state boundaries, with specific consideration to individuals purposely utilizing remote proxies outside respective state or national borders.  The globalization of electronic communications have more than blurred the line of political borders thereby making it possible to apply this law to individuals harassing others located within the same state.

Penalties should means ..."be used for an activity prohibited by clause (i), shall be fined not more than $50,000 or imprisoned not more than six months, or both.  In addition to the penalties under paragraphs (1) and (2), whoever, in the District of Columbia or in interstate or foreign communication, violates paragraph (1)(A) or (1)(B) shall be subject to a civil fine of not more than $50,000 for each violation. For purposes of this paragraph, each day of violation shall constitute a separate violation. (B) A fine under this paragraph may be assessed either - (i) by a court, pursuant to a civil action by the Commission or any attorney employed by the Commission who is designated by the Commission for such purposes, or (ii) by the Commission after appropriate administrative proceedings."

Source: Title 47 U.S.C. 223(h)(1)  - OBSCENE OR HARASSING TELEPHONE CALLS IN THE DISTRICT OF COLUMBIA OR IN INTERSTATE OR FOREIGN COMMUNICATIONS

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